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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on placing one's hand on the mushaf when taking an oath?

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Shuqara: The first question asks: What is the ruling on placing one's hand on the mushaf to swear by it? Naturally, this is a custom that has become established in our courts. A Muslim enters and places his hand on the mushaf and swears by Allah, and a Christian enters and places his hand on the Gospel and swears by Allah to tell the truth.

The Shaykh : It is like a straw on a camel's load. There is no doubt that placing one's hand on the mushaf, and even kissing the mushaf, which is done in occasions other than swearing before the judge, all of this has no basis in the Sunnah. People were led to such actions, and especially the matter mentioned in the question of placing one's hand on the mushaf, because the people, meaning the judges, no longer trust the mere oath of a Muslim by Allah (Mighty and Majestic), which is the prescribed oath with no addition to it. Therefore, they resort to material matters that exaggerate the burden on the one taking the oath, so that he is seized by trembling and fear, and he swears when he is ordered to place his hand on the noble mushaf. We say, we say in such an occasion:
"And all good is in following those who came before, *** And all evil is in the innovation of those who came after."
And any act of worship that the Companions of the Messenger of Allah (peace and blessings be upon him) did not perform, we do not perform it, in obedience to what is narrated from Hudhayfah ibn al-Yaman. This narration is derived from many well-known hadiths that are known to you. So Hudhayfah says:
Any act of worship that the Companions of the Messenger of Allah (peace and blessings be upon him and his family) did not perform, do not perform it. كلُّ عبادة لم يتعبَّدها أصحاب رسول الله - صلى الله عليه وآله وسلم - فلا تعبَّدوها
; meaning: do not worship with them, and do not draw near to Allah with them, so that we do not prolong the speech. We have other questions, and out of fear that the time for prayer will catch us, we will suffice with this warning, which is that placing one's hand on the mushaf, let alone placing it on the Gospel, and this is another prohibition, all of that has no mention or share in Islam. As for placing one's hand on the Gospel, or what they call the Holy Book, this is in reality more dangerous than the first, because it contains an acknowledgment from the judge who asks the one swearing by his religion that this book is sacred, and therefore he accepts his oath if he swears by this Holy Book. This is a greater denial than the previous action. Yes...
Shuqara: May Allah reward you with good.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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